SB 1748 — victims' rights; opt in process

REFERENCESenate TITLE:Engrossed victims' rights;

victims'opt rights;in process State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1748 AN ACT AMENDING SECTIONS 13-4405, 13-4407, 13-4409, 13-4410, 13-4411, 13-4411.01, 13-4412, 13-4413, 13-4414, 13-4415, 13-4416, 13-4417, 13-4419, 13-4423 AND 13-4441, ARIZONA REVISED STATUTES;

opt in process State of Arizona Senate Fifty-seventh Legislature Second Regular Session SB 1748 Introduced by Senator Bolick AN ACT AMENDING SECTIONS 13-4405, 13-4407, 13-4409, 13-4410, 13-4411, 13-4411.01, 13-4412, 13-4413, 13-4414, 13-4415, 13-4416, 13-4417, 13-4419, 13-4423 AND 13-4441, ARIZONA REVISED STATUTES;

(TEXT OF BILL BEGINS ON NEXT PAGE) - i - SBS.B. 1748 Be it enacted by the Legislature of the State of Arizona:

1748 Be it enacted by the Legislature of the State of Arizona:

(g) If the suspect is an adult and has been arrested, the victim's right, on request PURSUANT TO SUBSECTION G OF THIS SECTION, to be informed of the suspect's release, of the next regularly scheduled time, place and date for initial appearances in the jurisdiction and of the victim's right to be heard at the initial appearance and that, to exercise these rights, the victim is advised to contact the custodial agency regarding the - 1 - SBS.B. 1748 suspect's release and to contact the court regarding any changes to the initial appearance schedule.

1748 suspect's release and to contact the court regarding any changes to the initial appearance schedule.

- 2 - SBS.B. 1748 4.

1748 4.

- 3 - SBS.B. 1748 Sec.

1748 Sec.

- 4 - SBS.B. 1748 (b) Request a copy of the defendant's restitution payment history from the clerk of the court pursuant to section 13-810 or 31-412.

1748 (b) Request a copy of the defendant's restitution payment history from the clerk of the court pursuant to section 13-810 or 31-412.

Beginning December 1, 2007, The supreme court or court of appeals shall send a victim who requests notice HAS OPTED IN pursuant to - 5 - SBS.B. 1748 this section 13-4405 a copy of the memorandum decision or opinion from the issuing court concurrently with the parties.

1748 this section 13-4405 a copy of the memorandum decision or opinion from the issuing court concurrently with the parties.

- 6 - SBS.B. 1748 C.

1748 C.

If the victim has made a request for postconviction notice OPTED IN PURSUANT TO SECTION 13-4405, the board of executive clemency shall, at - 7 - SBS.B. 1748 least fifteen days before the hearing, SHALL give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.

1748 least fifteen days before the hearing, SHALL give to the victim written notice of the hearing and of the victim's right to be present and be heard at the hearing.

If a victim has requested postconviction notice OPTED IN PURSUANT TO SECTION 13-4405, the court or, if the case is in the superior court, the probation department shall provide notice of that request to the state department of corrections and the board of executive clemency if - 8 - SBS.B. 1748 a defendant's probation is revoked and the defendant is committed to the custody of the state department of corrections.

1748 a defendant's probation is revoked and the defendant is committed to the custody of the state department of corrections.

- 9 - SBS.B. 1748 C.

1748 C.